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Home My WebLink AboutPC Res 06-51 - 2007-01-17 RESOLUTION NUMBER 06-51 0-9,-;; 6/~ ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 06-5, A REQUEST TO ALLOW AN ADDITION ALONG THE EXISTING NON- CONFOMING SIDE YARD SETBACK AT AN EXISTING RESIDENCE AT 326 16TH STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB: Section 1. On October 5, 2006, Daniel Hill filed an application with the Department of Development Services for Variance 06-5. Specifically, the applicant is seeking approvals to construct a first and second story addition totaling approximately 522 square feet that would require approval of the following variance requests to: (a) construct the first and second floor addition along an existing nonconforming setback of three feet in lieu of the minimum setback requirement of three feet, nine inches; (b) permit the existing garage to remain along a nonconforming setback of zero feet along the easterly property line, in lieu of the minimum setback requirement of three feet, nine inches that is required when the garage is attached to the residential structure; (c) permit the existing garage to remain with a non-conforming rear yard setback of five feet in lieu of the minimum setback requirement of 12 feet (to meet the required 24-foot turning radius from the opposite side of the public alleyway); and (d) permit the garage to remain with a non-conforming interior depth dimension of approximately 17 feet in lieu of the minimum required interior depth of 20 feet. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 06-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303(a) (New Construction of Small Structures), because the application is for the construction of three Z:\My Documents\RESO\ V AR 06-5.326 16th.PC Reso doc\L W\O 1-18-07 Planning Commission Resolution 06-51 Variance 06-5 - 326 Sixteenth Street January 17, 2007 (3) or less single family dwellings in an urbanized area; ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on November 8, 2006 and continued to December 6, 2006 to consider the application for Variance No. 06-5. Public testimony was received at both public hearing dates. Section 4. The record of the hearings on November 8 and December 6, 2006, indicates the following: (a) On October 5, 2006, Daniel Hill filed an application with the Department of Development Services for Variance 06-5. Specifically, the applicant is requesting a variance to construct a first and second story addition totaling approximately 522 square feet that requires approval of four variance requests as set forth in Section 1, above. (b) The subject property IS located at 326 16th Street, In the Residential Medium Density (RMD) zone. ( c) The surrounding land uses and zoning in all directions is a mix of single family and multi-family residences in the Residential Medium Density (RMD) zone. (d) The subject property is developed with an existing two-story home and a detached garage. In 1982 the City permitted a 1,102 square foot addition to the residence which included the current second floor living area and the deck that now physically attaches the existing residence to the garage structure, forming a single structure. (e) This approved construction created non-conforming setbacks for the garage, as it then became part of the main residence, and no longer a detached accessory building. (t) circumstances: The current garage IS non-conforming due to the following 1. A side yard setback of zero feet along the easterly property line, in lieu of the minimum setback requirement of three feet, nine inches; 2. A rear yard setback of five feet in lieu of the minimum setback requirement of 12 feet (to meet the required 24-foot turning radius); and 3. An interior depth dimension of approximately 17 feet in lieu of the minimum required interior depth of20 feet. V AR 06-5.326 16th.PC Reso 2 Planning Commission Resolution 06-51 Variance 06-5 - 326 Sixteenth Street January 17, 2007 (g) All of the above non-conforming situations existed at the time the City approved the construction in 1982 for the 1,102 square foot addition! (h) The applicant has offered to modify the existing three-car garage to a two-car garage and provide two separate twelve-foot wide doors to enhance vehicle accessibility to enter and exit the garage, due to the existing restricted turning area available as a result of the location of the existing garage in relation to the public alley. (i) The City received both oral and written testimony regarding Variance 06-5 at the public hearings on November 8 and December 6,2006. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2407, 28-2500 28-2700, and 28- 2701(B) of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 06-5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Medium Density Residential" designation for the subject property and allows for single-family residences. The use of the property for a single-family residence is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) Because the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and zone. The property is unique based on the physical location of the existing residence with a non-conforming side yard setback of three feet in lieu of three feet, nine inches required by the Code. The property is also unique due to the previously approved construction by the City in 1982 that resulted in the creation of additional non- conforming setback conditions for the existing garage and the continued use of said garage structure with non-conforming setbacks and interior dimensions. The granting of this variance request will permit the owner to add additional habitable area the existing residence by allowing for the enclosure of an existing deck along the same non- conforming side yard setback which eliminates an awkward design if the addition were setback by nine inches to meet the minimum setback standard. The proposed modifications to the existing garage to enhance vehicle accessibility will improve vehicle maneuverability for the garage structure, resulting in a safer ingress and egress situation from the existing garage structure. . (c) The granting of such variance shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone by virtue of the fact that several variances for similar requests have been granted by the City in the Old Town residential district. This is largely due to the fact that many properties are developed with older homes which were constructed at non- conforming setbacks. VAR06-5.32616th.PC Reso 3 Planning Commission Resolution 06-51 Variance 06-5 - 326 Sixteenth Street January 17, 2007 Section 5. Based upon the foregoing, the Planning Commission hereby approves Variance No. 06-5, subject to the following conditions: 1. Variance 06-5 is approved for a 16-foot by 18.5-foot second-story master bedroom addition and a 13-foot by 18-foot ground floor family room addition along an existing nonconforming side yard setback of three feet for a property located at 326 16th Street. 2. The existing three-car garage shall be reconstructed to provide a two-car garage with separate twelve-foot wide doors for each garage parking bay. The garage reconstruction shall be completed prior to an interior dry-wall inspection on the proposed room additions. 3. All construction shall be in substantial compliance with the plans approved through Variance 06-5, as modified by Condition 2. 4. The Property owners shall continue to maintain the garage for parking of two vehicles. 5. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 6. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. V AR 06-5.326 I 6th. PC Reso 4 Planning Commission Resolution 06-51 Variance 06-5 - 326 Sixteenth Street January 17, 2007 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of January ,2007 by the following vote: AYES: Commissioners Deaton, O'Malley, and Roberts NOES: Commissioners ABSENT: Commissioners Bello and Ladner ABSTAIN: Commissioners cfl'(lk:t!, a;{J..t ~ 'Ellery Deato , ChaIrperson Planning Commission Whittenberg, Secretary lanning Commission VAR 06-5326 16th.PC Reso 5